Terms of Service

1. Agreement to Terms

Welcome to Pulse. These Terms of Service ("Terms") govern your access to and use of the Pulse mobile application and web platform (collectively, the "Service"), operated by Pulse Technologies, Inc. ("Pulse," "we," "us," or "our").

By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Pulse is a relationship wellness platform designed to help couples improve their communication and strengthen their connection. Our Service includes:

• Weekly relationship check-ins with guided questions
• AI-powered insights and personalized recommendations
• Partner connection features for shared experiences
• Conversation starters and relationship exercises
• Conflict resolution tools and communication aids
• Progress tracking and relationship health metrics

Important Disclaimer: Pulse is not a substitute for professional therapy, counseling, or medical advice. If you or your partner are experiencing serious relationship difficulties, mental health challenges, or are in an abusive situation, please seek help from a qualified professional or appropriate authorities.

3. User Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

4. Account Registration

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

You may register using your email address or through third-party authentication providers (such as Apple or Google). When using third-party authentication, you authorize us to access certain account information as permitted by those services.

5. Subscription and Billing

Pulse offers both free and premium subscription tiers:

• Free Tier: Basic access to check-ins and limited features
• Pulse Pro: Full access to all features, AI insights, and premium content

Subscription terms:

• Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
• Payment will be charged to your Apple ID account or payment method on file
• You can manage or cancel your subscription in your device settings or account settings
• Refunds are subject to the policies of the applicable app store or payment provider
• We reserve the right to change pricing with reasonable notice

6. User Conduct

When using our Service, you agree not to:

• Violate any applicable laws or regulations
• Harass, abuse, or harm another person, including your partner
• Impersonate any person or entity
• Upload or transmit viruses or malicious code
• Attempt to gain unauthorized access to our systems
• Use the Service for any illegal or unauthorized purpose
• Interfere with or disrupt the Service or servers
• Collect or harvest user data without permission
• Use automated means to access the Service without our consent

7. User-Generated Content

You retain ownership of any content you submit through the Service, including check-in responses, notes, and other personal information ("User Content"). By submitting User Content, you grant us a limited license to:

• Store and process your content to provide the Service
• Share content with your connected partner as part of the Service features
• Use anonymized and aggregated data to improve our Service
• Generate AI-powered insights based on your responses

You are responsible for the content you submit and represent that you have the right to share such content.

8. Partner Features

Our Service allows you to connect with a partner for shared experiences:

• Partner connections require mutual consent from both users
• Certain responses may be shared with your partner as part of the check-in process
• You can mark specific responses as private to keep them visible only to you
• Either partner can disconnect at any time
• We are not responsible for how your partner uses information shared through the Service

9. AI-Generated Content Disclaimer

Our Service uses artificial intelligence to generate insights, recommendations, and suggestions based on your check-in responses. Please understand that:

• AI-generated content is provided for informational purposes only
• AI insights are not professional advice and should not replace consultation with qualified professionals
• We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content
• You use AI-generated insights at your own discretion and risk
• AI responses may occasionally be inaccurate, incomplete, or not applicable to your situation
• We use third-party AI providers (such as OpenAI and Anthropic) to process your data securely

10. Safety and Crisis Resources

Pulse is not designed to address crisis situations. If you or someone you know is in immediate danger or experiencing a mental health emergency:

• Emergency Services: Call 911 (US) or your local emergency number
• National Suicide Prevention Lifeline: 988 (US)
• Crisis Text Line: Text HOME to 741741
• National Domestic Violence Hotline: 1-800-799-7233
• SAMHSA National Helpline: 1-800-662-4357

Domestic Violence and Abuse: Pulse is not designed for relationships involving abuse, coercion, or domestic violence. If you are in an abusive relationship, please seek help from qualified professionals and support organizations. Using this app may not be safe if your partner monitors your device or accounts.

We reserve the right to provide resources or take action if we become aware of potential harm to you or others, consistent with our legal obligations and this agreement.

11. Sensitive Relationship Data

We understand that the information you share through Pulse is deeply personal. By using our Service, you acknowledge that:

• Relationship data is sensitive and we treat it with the highest level of care
• We are not a healthcare provider and do not provide medical or mental health services
• Information shared is not protected by therapist-patient privilege or HIPAA
• You should not share information that could be harmful if disclosed
• While we employ strong security measures, no system is completely secure
• You are responsible for maintaining the security of your own device and account credentials

12. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Pulse and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. We make no warranties regarding the effectiveness of our Service in improving your relationship or communication skills.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

We are not liable for any relationship outcomes, decisions made based on the Service, or actions taken by you or your partner as a result of using the Service.

15. Indemnification

You agree to indemnify, defend, and hold harmless Pulse, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit through the Service
• Your interactions with your partner or other users

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution: Before filing any formal dispute, you agree to contact us at legal@pulsetherapy.app to attempt to resolve the dispute informally. We will try to resolve the dispute within 60 days.

Binding Arbitration: If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English and held in Delaware or via video conference at your election.

Class Action Waiver: YOU AND PULSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may bring claims in small claims court. Either party may seek injunctive relief in any court of competent jurisdiction.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@pulsetherapy.app within 30 days of first accepting these Terms.

17. Account Termination

You may terminate your account at any time through the app settings or by contacting us. We may suspend or terminate your account if:

• You violate these Terms
• Your use poses a security risk to us or others
• Your use may subject us to liability
• Your account has been inactive for an extended period
• We are required to do so by law

Upon termination, your right to use the Service will cease immediately. You may request a copy of your data before termination. Sections that by their nature should survive termination will remain in effect.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and/or sending you an email notification at least 30 days before the changes take effect. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

20. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pulse regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, or internet/telecommunications failures.

21. California Residents

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for details about these rights.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: legal@pulsetherapy.app
• Support: support@pulsetherapy.app
• Address: Pulse Technologies, Inc., [Address to be added]